11/12/2013 Minutes CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 12, 2013
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on November 12, 2013. Notice of the meeting was given in The Grand Island
Independent on November 6, 2013.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Linna Dee Donaldson, Chuck Haase, Peg Gilbert, John Gericke, Mike
Paulick and Vaughn Minton. Councilmembers Bob Niemann, Julie Hehnke and Mitch Nickerson
were absent. The following City Officials were present: City Administrator Mary Lou Brown,
City Clerk RaNae Edwards, City Attorney Robert Sivick, City Treasurer and Finance Director
Jaye Monter and Engineer and Public Works Director John Collins.
INVOCATION was given by Pastor Tim Kilstrom, Spirit of Life Church, 2304 Macron Street
followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Michael Cornelius.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "National Adoption Month" November, 2013. Mayor Vavricek proclaimed the
month of November, 2013 as "National Adoption Month". Lacie Wojtalewicz, Child and Family
Services Specialist for Child Protection and Nichole Eilenstine, DHHS Resource Development
Supervisor were present to receive the proclamation.
Proclamation "Hall County Korean War Veterans Appreciation Month"November, 2013. Mayor
Vavricek proclaimed the month of November, 2013 as "Hall County Korean War Veterans
Appreciation Month". Gary Quandt, Ken Gnadt, Clarence Quandt, and Ken Brandt were present
to receive the proclamation.
Recognition of Third City Community Clinic Volunteers Jennifer Alberts, M.D. and Susan
Corey, M.D. 2013 Physician Volunteers of the Year and Melissa Schuldt, D.D.S. 2013 Dentist
Volunteer of the Year. The Mayor and City Council recognized the volunteer service of the 2013
Volunteers of the Year recipients for the Third City Community Clinic. Susan Aguilar, Director
of Third City Community Clinic, Dr. Alberts, Dr. Corey and Dr. Schuldt were present for the
recognition.
BOARD OF EQUALIZATION: Motion by Gilbert, second by Donaldson, carried unanimously
to adjourn to the Board of Equalization.
#2013-BE-10 — Consideration of Determining Benefits and Levy Special Assessments for
Sidewalk Repairs at 1141 Pleasant View Drive. Public Works Director John Collins reported
that the City Council in its capacity as the Board of Equalization was required to detemiine the
Page 2,City Council Regular Meeting,November 12,2013
benefits for sidewalk repairs at 1141 Pleasant View Drive. Special assessments were for the
amount of$550.00.
Motion by Gilbert, second by Minton to approve Resolution #2013-BE-10. Upon roll call vote,
all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Gilbert, second by Paulick, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request from Jose Guerrero dba Mariscos Villarreal, 811 West 21x1 Street for a
Class "A" Liquor License. City Clerk RaNae Edwards reported that an application for a Class
"A" Liquor License had been received from Jose Guerrero dba Mariscos Villarreal, 811 West 211d
Street. Ms. Edwards presented the following exhibits for the record: application submitted to the
Liquor Control Commission and received by the City on October 17, 2013; notice to the general
public of date, time, and place of hearing published on November 2, 2013; notice to the applicant
of date, time, and place of hearing mailed on October 17, 2013; along with Chapter 4 of the City
Code. Staff recommended denial based on the Police Department report of a false application.
No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located East of North Road and South of
Westgate Road (NEBCO, Inc.). Utilities Director Tim Luchsinger reported that acquisition of a
utility easement located east of North Road and south of Westgate Road was needed in order to
have access to install, upgrade, maintain, and repair power appurtenances, including lines and
transfoliners. The easement would provide the location to place underground conduit, cable, and
a pad-mounted transformer for new electric service to a building on North Road. Staff
recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located West of Webb Road and North of
Stolley Park Road (Judy D. Hansen & Julie D. Johnson). Utilities Director Tim Luchsinger
reported that acquisition of a utility easement located west of Webb Road and north of Stolley
Park Road was needed in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transfonners. The easement would be used to place
underground conduit, high voltage cable, and a pad-mounted transformer to replace the overhead
electric lines to Hansen International Trucks. Staff recommended approval. No public testimony
was heard.
Public Hearing on Declaration of a Site Known as Redevelopment Area 14 Located on the East
Side of North Webb Road between 13th Street and Faidley Avenue. Regional Planning Director
Chad Nabity reported that Scott Rief commissioned a Blighted and Substandard Study for
proposed Redevelopment Area No. 14 located on the east side of North Webb Road between 13th
Street and Faidley Avenue containing approximately 6.82 acres. Ron Depue, 308 N. Locust
Street and Keith Marvin, David City, NE spoke in support. Mr. Depue requested the action on
this item (Resolution #2013-373) be referred to the November 26, 2013 Council meeting. Staff
recommended approval. No further public testimony was heard.
Page 3,City Council Regular Meeting,November 12,2013
Public Hearing on Acquisition of Property for the North Interceptor Phase II, Part A Located in
Lot 1, West Geer Subdivision, South of Capital Avenue and West of Illinois Avenue (James and
Joan Welton). Public Works Director John Collins reported that acquisition of property for the
North Interceptor Phase II, Part A located south of Capital Avenue and west of Illinois Avenue
was needed in order to supplement gravity sanitary sewer route planning. Staff recommended
approval. No public testimony was heard.
ORDINANCES:
#9459—Consideration of Assessments for Sidewalk Repairs at 1141 Pleasant View Drive
#9460— Consideration of Vacation of a Utility Easement Located in Woodland Park 12th
Subdivision(Hastings Ventures, LLC).
Motion by Gilbert, second by Donaldson to refer Ordinances #9459 and #9460 to the November
26, 2013 City Council meeting. Upon roll call vote, all voted aye. Motion adopted.
CONSENT AGENDA: Consent agenda item G-24 was pulled for further discussion. Motion by
Donaldson, second by Paulick to approve the Consent Agenda excluding item G-24. Upon roll
call vote, all voted aye. Motion adopted.
Approving Minutes of October 22, 2013 City Council Regular Meeting.
Approving Request for Liquor Manager Designation for Roberta Douglas, 1603 Virginia Drive
with Platt Duetsche, 1315 West Anna Street.
#2013-348 —Approving Declaration of Surplus Property.
2013-349—Approving Acquisition of Utility Easement Located East of North Road and South of
Westgate Road (NEBCO, Inc.).
#2013-350—Approving Acquisition of Utility Easement Located West of Webb Road and North
of Stolley Park Road (Judy D. Hansen&Julie D. Johnson).
#2013-351 —Approving Change Order No. 1 for Feedwater Heater No. 5 Installation with Hayes
Mechanical of Omaha, NE for an Increase of $26,608.48 and a Revised Contract Amount of
$11 0,758.48.
#2013-352 — Approving Agreement for Funding with Clean Community Systems in an Amount
of$20,000.00.
#2013-353 — Approving Agreement for Funding with Central District Health Department in an
Amount of$11 0,740.62.
#2013-354 — A'proving Bid Award for One (1) New Wheel Type Agricultural Tractor for the
Solid Waste Division of the Public Works Department from Fairbanks International of Grand
Island, NE in an Amount of$72,450.00.
Page 4,City Council Regular Meeting,November 12,2013
#2013-355 — Approving Bid Award for One (1) 2014 Model Four Wheel Drive Front End
Loader for the Solid Waste Division of the Public Works Department from Nebraska Machinery
Company of Doniphan, NE in an Amount of$224,182.00.
#2013-356 —Approving State Bid Award for(1) 2014 1/2 Ton 4x4 Extended Cab Pickup for the
Solid Waste Division of the Public Works Department from Anderson Ford Lincoln Mercury of
Lincoln, NE in an Amount of$25,846.00.
#2013-357 —Approving Acquisition of Property for the North Interceptor Phase II, Part A, West
Geer Subdivision, South of Capital Avenue and West of Illinois Avenue (James and Joan
Welton) in an Amount of$20,000.00 with $248.75 in Shared Cost.
#2013-358 —Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department
of Roads for Calendar Year 2014.
#2013-359 — Approving Selection of the Diamond Engineering Company for the Construction
Contract for the State Street and Capital Avenue Connector Trail Project.
#2013-360 — Approving Agreement for Utility Relocation Services to be Performed by the City
Utility Department for the Capital Avenue—Webb Road to Broadwell Avenue Project.
#2013-361 — Approving Certificate of Final Completion for the 2013 Asphalt Resurfacing
Project No. 2013-AC-1 with Gary.Smith Construction Co., Inc. of Grand Island, NE.
#2013-362 — Approving Certificate of Final Completion for the 2013 Asphalt Resurfacing
Project No. 2013-AC-2 with Gary Smith Construction Co., Inc. of Grand Island, NE.
#2013-363 — Approving Certificate of Final Completion for the 2013 Chip Seal Project No.
2013-CS-1 with Gary Smith Construction Co., Inc. of Grand Island, NE.
#2013-364 —Approving Certificate of Final Completion for Handicap Ramp Project No. 2013-1
with Galvan Construction Co. of Grand Island, NE.
#2013-365 — Approving Change Order No. 3 for 5th Street Sanitary Sewer Improvements;
Project No. 2012-S-3 with The Van Kirk Brothers Contraction of Sutton, NE for an Increase of
$92,432.21 and a Revised Contract Amount of$1,664,532.82.
#2013-366 — Approving Certificate of Final Completion for 5th Street Sanitary Sewer
Improvements; Project No. 2012-S-3 Bid Section "A" with the Van Kirk Brothers Contraction of
Sutton, NE.
#2013-367 — Approving Authorization for Emergency Sanitary Sewer Repairs on North
Interceptor (East Ed of 7th Street/4th Street/Sky Park Road) with Merryman Excavation of
Woodstock, IL in an Amount of$59,462.96.
#2013-368 — Approving Purchasing/Buying Group for all City Departments with Admin
Minnesota Materials Management Division.
Page 5,City Council Regular Meeting,November 12,2013
#2013-369 — Approving Final Plat and Subdivision Agreement for Platte Valley Industrial Park
Ninth Subdivision. It was noted that GMD LLC, Gerald A. Huismann, Manager Member had
submitted the final Plat and Subdivision Agreement for Platte Valley Industrial Park Ninth
Subdivision for the purpose of creating 2 lots located north of Wildwood Drive and east of US
Hwy 281 containing 7.451 acres. Discussion was held concerning the surrounding property
owners and zoning use. This item was pulled for further discussion due to the incorrect map in
the packet.
Motion by Haase, second by Gilbert to approve Resolution #2013-369. Upon roll call vote, all
voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Consideration of Forwarding Blighted and Substandard Area #15 Study to the Hall County
Regional Planning Commission. Regional Planning Director Chad Nabity reported that a
Substandard and Blight Study for approximately 64.18 acres located in west central Grand Island
bounded on the south by Old Highway 30; the north by Old Potash Highway; east by Webb
Road and west by U.S. Highway 281 was received from Doug Luth and Tim Plate. Staff
recommended forwarding to the Regional Planning Commission.
Ron Depue, 308 N. Locust Street and Keith Marvin, David City, NE spoke in support.
Discussion was held regarding the size of the blighted and substandard area. Mr. Depue
commented on the deteriorating buildings.
Motion by Gericke, second by Haase to approve forwarding Blighted and Substandard Area #15
Study of the Hall County Regional Planning Commission. Upon roll call vote, all voted aye.
Motion adopted.
RESOLUTIONS:
#2013-370 — Consideration of Request from Jose Guerrero dba Mariscos Villarrel, 811 West 2nd
Street for a Class "A" Liquor License. This item related to the aforementioned Public Hearing.
Motion by Donaldson, second by Gericke to deny the request from Jose Guerrero dba Mariscos
Villarreal, 811 West 2nd Street for a Class "A" Liquor License based upon the Police Department
report of a false application. Upon roll call vote, all voted aye. Motion adopted.
#2013-371 — Consideration of Amending the City Council Meeting Schedule for December
2013. City Clerk RaNae Edwards reported that Section 2-2 of the Grand Island City Code
provides that regular City Council meetings shall be held on the second and fourth Tuesdays of
each month. Due to the holidays and end-of-the year payment of claims it was recommended that
the meetings in December 2013 be held on Tuesday, December 10th at 7:00 p.m. and Monday,
December 30th at 5:30 p.m.
Councilmember Gilbert stated she had made previous plans and would not be present at the
December 10th meeting and didn't see a reason to change the schedule.
Page 6,City Council Regular Meeting,November 12,2013
Motion by Haase, second by Paulick to approve Resolution #2013-371. Upon roll call vote,
Councilmembers Minton, Paulick and Haase voted aye. Councilmembers Gericke, Gilbert and
Donaldson voted no. Motion failed
#2013-372 — Consideration of Approving City Council Meeting Schedule for 2014. City Clerk
RaNae Edwards submitted the proposed 2014 meeting schedule with the first regular meeting
scheduled for Tuesday, January 14, 2014.
Motion by Donaldson, second by Haase to approve Resolution #2013-372. Upon roll call vote,
all voted aye. Motion adopted.
#2013-373 — Consideration of Approving Declaration of a Site Known as Redevelopment Area
14 Located on the East Side of North Webb Road between 13th Street and Faidley Avenue. This
item related to the aforementioned Public Hearing.
Motion by Gilbert, second by Haase to refer Resolution #2013-373 to the November 26, 2013
City Council meeting. Upon roll call vote, all voted aye. Motion adopted.
#2013-374 — Consideration of Approving Acceptance of Appraisal for Property Located at 1306
West 3rd Street formerly the One Stop Building. Assistant City Attorney Stacy Nonhof reported
that Hendricksen Appraisal Company had completed a full appraisal of the One-Stop property in
September, 2013. This confidential appraisal is the fair market value of the property and if
accepted by Council, the property will be advertised for sale via a Request for Proposal.
Motion by Gilbert, second by Minton to approve Resolution #2013-374. Upon roll call vote, all
voted aye. Motion adopted.
#2013-375 — Consideration of Approving Contract for Health Savings Account Administration.
Human Resources Director Brenda Sutherland reported that in order to help employees with the
new qualified high deductible health plan, request for proposals for administration of a City
Health Savings Account (HAS) was sought. Eight proposals were received. It was recommended
that a contract with Connect Your Care from Hunt Valley, MD in an amount of $3.00 per
participant per month for three years be approved.
Discussion was held regarding proposals received from out-of-state versus local businesses and
comments were made for supporting local businesses. Ms. Nonhof commented on the decision of
the committee and that Connect Your Care was by far the better company with a better contract.
Ms. Sutherland commented on the differences between what the local companies offered versus
the national companies.
Motion by Minton, second by Donaldson to approve Resolution #2013-375. Upon roll call vote,
Councilmembers Minton, Paulick, Gericke, Haase, and Donaldson voted aye. Councilmember
Gilbert voted no. Mayor Vavricek casted the sixth and deciding vote in favor. Motion adopted.
Mayor Vavricek turned the meeting over to City Attorney Bob Sivick and recused himself from
the following item due to a conflict of interest which was on file in the City Clerk's office.
Page 7,City Council Regular Meeting,November 12,2013
#2013-347—Reconsideration of Approving Declaration of a Site Known as Redevelopment Area
13 Located North of Phoenix Avenue and West of Lincoln Avenue. Regional Planning Director
Chad Nabity reported Councilmember Minton requested the City Council to reconsider action
taken on October 22, 2013 - Resolution#2013-347.
Motion by Minton to reconsider Resolution#2013-347. Motion died due to a lack of a second.
The meeting was turned back over to Mayor Vavricek.
#2013-376 — Consideration of Approving Settlement Offer in Kortum vs City of Grand Island.
City Attorney Robert Sivick reported that in April, 2013 former/retired Grand Island Police
Captain Peter E. Kortum filed a complaint against the City alleging gender discrimination in the
way his lump sum pension benefits were calculated under the Nebraska Police Officers
Retirement Act.
The matter was transferred from the Nebraska Equal Opportunity Commission to the United
States Equal Employment Opportunity Commission (USEEOC). In July, 2013 the USEEOC
issued a determination that Captain Kortum was subjected to gender discrimination by the City.
Settlement discussions had taken place and a proposed settlement amount of$141,500.00 was
brought forward for Council consideration.
Mayor Vavricek read a statement that because of the low council turnout at this meeting and the
importance of this matter he pulled the item from Council consideration to a later date.
Councilmember Haase made a point-of-order regarding the Mayor pulling this item. Mr. Sivick
stated he advised administration to pull the item as the decision would affect the City for years to
come.
PAYMENT OF CLAIMS:
Motion by Donaldson, second by Minton to approve the Claims for the period of October 23,
2013 through November 12, 2013, for a total amount of $6,936,734.95. Upon roll call vote,
Councilmembers Minton, Paulick, Gericke, Haase, and Donaldson voted aye. Councilmember
Gilbert voted no. Mayor Vavricek casted the sixth and deciding vote in favor. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:43 p.m.
P
RaNae Edwards
City Clerk